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FOOD AND NUTRITION SERVICES CERTIFICATION HEARINGS FNS 700 FAIR HEARINGS

11 Section 700 Change #03-2022 July 01, 2022

700.20

RESPONSIBILITIES OF THE HEARING OFFICER The Hearing Officer presides and conducts the hearing informally in an orderly and rational manner. The recording procedures should be explained so that each person will understand the importance of speaking slowly and distinctly. A. After the oath is administered and other formalities are completed, the Hearing Officer will have the county read into the record the Appeals Summary.

B. The Hearing Officer will make a statement of the points at issue and explains the following: 1. The Hearing Officer’s decision will comply with Federal Law and regulations and will be based on the hearing record. 2. The decision will summarize the facts of the case, specify the reasons for the decision, and identify the supporting evidence and the pertinent regulations. 3. Both parties will have an opportunity to present information. The County will have an opportunity to present information explaining why they took the action that is under appeal. The client will also have an opportunity to present information explaining why he/she disagrees with the County’s action. Opportunity is provided the participants for a correction or modification of the statement of the problem. It is the duty and responsibility of the Hearing Officer to assist both the household and the county department in making a full statement of the case so that the relevant facts are brought out to develop the points at issue. Each person present is given an opportunity to speak. Any oral testimony or written documents, which in the judgement of the Hearing Officer appear to be reasonably related to the issue involved and to be of value in determining the fact at issue, are received. The household and the county have the opportunity to offer rebuttal. 4. The client, DSS, and representatives will receive a decision in writing from the Hearing Officer and will be advised of appeal rights should either party disagree. 700.21

HEARING RECORD The verbatim transcript or recording of testimony and exhibits or an official report containing the substance of what transpired at the hearing, all papers and requests filed in the proceeding, oral or written arguments received after the tentative decision, and the final decision will constitute the hearing record.